JANESHWAR DEHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been directed against the judgment of conviction and order of sentence dated 7th Dec., 2007 passed by the 1st Additional Sessions Judge, Dumka in connection with Sessions Trial Case no. 24 of 2005 corresponding to G.R. Case no. 903 of 2004 arising out of Gopikandar P.S. Case no. 20 of 2004, whereby the appellant has been held guilty for the offence punishable under sections 302, 201 Indian Penal Code and sentenced to undergo rigorous imprisonment for life u/s 302 Penal Code and rigorous imprisonment for five years u/s 201 IPC.

(2.) The fact emerges from the fard-beyan of Shyam Lal Dehri recorded on 11.9.2004 at 8:30 hrs. at village Dumartalla near Doka Bahiyar Joriya, in brief, is that wife of appellant was missing since last Saturday for which a search was initiated by the informant and his companion at the instance of village Pradhan. This fact was brought to the notice of informant and other witnesses that the deceased had gone to Resambari to provide snacks to her children. In the mean time, the appellant also reached there and asked his eldest daughter Dhanmuni Rani to fetch water after which she left the place. After her return, she did not find her mother present there. The youngest brother Musha Dehri told that his father has caused injury to her mother by means of iron rod and both of them disappeared. In course of search dead body of Sukhiya @ Sumitra Devi was recovered from a drain situated at Doka Bahiyar. The matter was informed to the police and fard-beyan of informant was recorded. On the basis of fard-bayan Gopikandar P.S. Case no.20 of 2004 dated 11.9.2004 U/Ss. 302, 201 Penal Code against the appellant Janeshwar Dehri was registered. The police after due investigation submitted charge sheet and, accordingly, cognisance was taken and case was committed to the court of Sessions and registered as Sessions Trial No. 24 of 2005.

(3.) The charges under section 302, 201 of the Indian Penal Code were framed against the appellant Janeshwar Dehri to which he pleaded not guilty and claimed to be tried. To substantiate the charges the prosecution has examined altogether seven witnesses including the informant, the doctor and the investigating officer. The learned Sessions Judge on the basis of evidence and documents available, held the appellant guilty for the offence punishable under sections 302, 201 of the Indian Penal Code and sentenced him as indicated above.